My Approach . . . In Writing
My Mediation Agreement outlines the basic process I use and can be a useful guide for explaining to clients how the process works. The agreement makes sure everyone starts out with the same understandings, expectations, and protections of the mediation process.
It includes the parties’ acknowledging their agreeing to mediate, a general description of the process, the non-binding nature of mediation, disclosure of material information, mediator’s role, conflicts of interest, caucusing, confidentiality, decision-making authority, independent legal representation, pre-mediation submissions, conclusion of mediation, impasse, my compensation and written settlement terms if successful.